Frequently asked questions

Strata

A strata title scheme is what you call the kind of property ownership that involves multi-unit developments or buildings. This type of property ownership divides a building or land into individual lots or units, and each is owned by a separate individual or entity. These individual lots can include apartments, townhouses, or commercial units within a larger building or complex.

Essentially, these three names define the same thing. They refer to the person, or group, responsible for taking care of the individual lot owners within a strata title scheme.
Their responsibilities include administration, management, and maintenance of the property. They usually make decisions through meetings and may appoint a committee to handle day-to-day affairs.
Each state in Australia has its own strata title legislation and their own terminology. We use the different names to specify strata management and regulations depending on the state:

• New South Wales – Owners Corporations
• Queensland – Body Corporate
• Victoria – Owners Corporations
• Australian Capital Territory – Owners Corporations
• South Australia – Body Corporate
• Tasmania – Body Corporate
• Western Australia – Strata Company (title)
• Northern Territory – Body Corporate

If you own property affected by an owners corporation then you become a member of that owners corporation automatically. As a member, you have legal and financial responsibilities to the owners corporation.

Payment Obligations:

  • Ensure timely payment of your levies related to the property. You are not exempt from any fees, even if you do not use the facilities.

Communication and Compliance:

  • Notify Changes: Inform the Owners Corporation if there are changes in ownership or occupancy.
  • By-Laws: Comply with the by-laws set by the Owners Corporation. Usually, Model Rules or Registered Rules apply.
  • Considerate Behaviour: Behave in a manner that respects other residents and does not interfere with their peaceful enjoyment of their property.

Maintenance and Management:

  • Common Property: The Owners Corporation is responsible for managing, administering, repairing, and maintaining the common property. This includes areas like gardens, stairwells, driveways, and lifts.
  • Decision-Making: Participate in decision-making within the Owners Corporation.

Common property refers to land or assets that aren’t owned by any one person in the strata scheme. Instead, it is property that everyone collectively owns and shares. It may include:

• Gardens
• Passages
• Walls
• Pathways
• Driveways
• Stairs
• Lifts
• Foyers
• Fences

To understand the difference between individually-owned property and common property, it’s important to make boundaries clear. For example, how far the common property extends up to, or into the buildings themselves. This helps prevent conflict between lot owners who might incorrectly think common property belongs to them.

A committee consists of a group of owners elected at each Annual General Meeting (AGM). The committee is responsible for representing all the lot owners of the strata scheme, and has to decide on all matters which confront the body corporate.

When the committee gets together, the members might discuss and decide things like the control, maintenance and repair of the common property. They might also have to enforce the existing rules of the scheme, or agree on new rules if necessary.

Insurance

Strata insurance is a type of insurance designed for strata-titled properties, such as apartment blocks, townhouses or commercial buildings. It typically covers common property and shared areas, providing protection for the entire building structure, common facilities, and liability for the Body Corporate/Owners Corporation/Strata Corporation. Individual unit owners usually need to secure separate insurance for their personal belongings and any structural elements not covered by strata insurance.

Insurance is important to protect your owners corporation and the personal assets of all lot owners. The law sets out the minimum insurance required.

The minimum insurance required for an owners corporation is (except for two-lot subdivisions and owners corporations which only have shared services):

  • reinstatement and replacement insurance of buildings on common property
  • public liability insurance for the common property. Insurance for common property protects owners in the case of unexpected damage and injuries.

Firstly, insurance is compulsory for strata schemes, no matter where you live. That’s because injuries can occur to people on common property, or the common property itself can be damaged. In those cases everyone needs to be protected.

Here’s what you can expect strata insurance to cover:

• Theft or damage to common area contents, like shared outdoor furniture, gym equipment or the building itself.
• Theft or damage to common property assets like gardens, lobbies, car parks, pools and stairwells.
• Repairs to damaged property.

For more information, contact our insurance partners:

• CHU Residential Strata Insurance
• CHU Residential Commercial Strata Insurance
• Whitbread Strata Insurance

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